Thoughts on recent Ninth Circuit and California appellate cases from Professor Shaun Martin at the University of San Diego School of Law.

Thursday, February 22, 2007

People v. Zapisek (Cal. Ct. App. - Feb. 22, 2007)

Paul Zapisek is a 63-year old man who was found legally insane after he attacked a stranger -- whom he mistook for Satan -- a decade ago.

Do I believe that, after ten years of treatment, and at 60-plus years of age, Mr. Zapisek is a huge danger to himself or the public? Not especially.

But when you're the only witness on your behalf, and when this is what you have to say, you're going to stay in. Even when the evidence adduced by the state in support of your commitment is somewhat lame. And the Court of Appeal will -- and does -- affirm:

"Zapisek [] testified that he believed, although it might be a delusion, that he had 'inherited a great fortune of money.' He read a prepared statement, in which he asserted that he had appealed his case to the California Supreme Court, which had referred it to the United States Supreme Court. The case somehow infuriated the president, who fired, or tried to fire, the Supreme Court. He thought that President Bush was aware of him, and that 'my close to coming out is probably on his mind and he’s started drinking again.' Zapisek denied that he ever said he would hurt the president. . . . Zapisek also indicated that he would act in 'self defense' if necessary in the future, stating 'if somebody’s coming after me, I have to defend myself somehow so that’s why I’ve hired guards – bodyguards.' When asked about taping over certain equipment at the hospital, Zapisek said he thought they were bugs, and that he was raised in a house that was bugged for sound."

Yikes. I'm pretty sure that those things you taped up weren't designed for evesdropping, Mr. Zapisek. Just like I'm pretty sure you didn't inherit a great deal of money and that Bush didn't threaten to fire the Supreme Court over your "case". Whether the guy's drinking more nowadays; hey, your guess is at good as mine.